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Cayman Islands Trademarks for Blockchain Start-Ups

In the previous issues of our series of legal insights on owning intellectual property (IP) through a Cayman Islands corporate structure, we presented a brief overview of the new trademark registra-tion process which became effective in the Cayman Islands as at 1st August 2017 (see The New Cayman Islands Trademarks Regime).

Confident in the security and their uniqueness or blinded by the open source aspects of their technology, blockchain start-ups may tend to forget one of the basic tenets of entrepreneurship: making certain that any newly generated intellectual property is well-protected. Beyond block-chain technology, commercial names and trademarks may become extremely valuable. If a block-chain start-up incorporates in the Cayman Islands, it now has the option of registering its name and logo in the Cayman Islands as well, providing additional protection after the launch or the projected Initial Coin Offering (ICO) or Initial Token Offering (ITO).

Three Simple Steps to Register Name & Logo:

Be Original & Distinctive: A trade mark1 which lacks distinctive character, which is customary in the current language or the established practices of the trade, or which designates characteristics of goods or services will be refused from registration.

Check Availability: Identical or similar trade marks cannot be registered for similar services, while similar trade marks may only be registered subject to the consent of the holder of the earlier mark2 . In addition, trade marks which take unfair advantage of, or are detrimental to, the character or the repute of an earlier similar mark registered or otherwise protected in the Cayman Islands3 will not be accepted.

File Early: Once accepted, the trade mark will be published in the Intellectual Property Edition of the Cayman Islands Gazette, which triggers a sixty (60) day period for oppositions4 . From a strategic point of view, it is best to launch after the opposition period had lapsed and the trade mark registration is secured.

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